§ 352. Public School Determinations of Consistency.

352.1.   Purpose and Intent.

This section sets forth the procedures and criteria for issuance of determinations of consistency for public educational facilities pursuant to F.S. § 1013.33(6), and the alternative procedures adopted pursuant to F.S. § 1013.33(8), under the Amended and Restated Interlocal Agreement ("Interlocal Agreement") for Public School Facility Planning between the School Board of Manatee County ("School Board"), the County and certain municipalities.

352.2.   Applicability.

This section shall apply to the development of all public educational facilities by the School Board within the meaning of F.S. § 1013.01, Florida Statutes. Pursuant to F.S. § 1002.33(16), this Section shall not apply to the development of charter schools.

352.3.   Review Procedures.

With respect to each proposed educational facility, the School Board and the County shall follow the procedures and requirements set forth in F.S. § 1013.33(6), as amended, for the issuance of a determination of consistency with the comprehensive plan (including, without limitation, the requirement that a complete request be deemed approved if the County fails to act upon it within ninety (90) days), subject to the following conditions:

A.

Completeness. In order to be deemed "complete", a request for determination of consistency must include the following items:

1.

School site plan application;

2.

All applicable information required by the School Site Plan standards set forth in Exhibit "C" to the Interlocal Agreement, as amended from time to time; and

3.

Pedestrian plan for new educational facilities illustrating sidewalks which exist or are proposed on thoroughfare roads within a two-mile radius of the school site.

4.

Other items may be requested of the School Board and considered by the County, but are not required in order for the request to be deemed "complete".

B.

Statutory Time Limit. The time periods set forth in F.S. § 1013.33(6), shall begin to run from the date that the Director acknowledges in writing that the County has received a complete request for determination of consistency. If the County does not issue either (a) a written acknowledgement that the request is complete, or (b) a written determination that the request is incomplete with a list of the specific items from the School Site Plan standards set forth in Section 352.3.A that should be provided in order to complete the request, then, within ten (10) business days from the initial date of submittal and within five (5) business days of subsequent submittals, the request shall be deemed to have been determined to be complete. The ninety-day window for issuing the determination of consistency shall not apply if the school board submits a General School Plan to the County for review.

C.

Board Consideration. A request for determination of consistency for a public school facility shall be decided by the Board. A determination of consistency shall also constitute the sole method for special approval of an educational facility pursuant to the comprehensive plan.

D.

Quasi-Judicial Procedures. The Board shall consider determinations of consistency in accordance with the requirements for quasi-judicial decisions pursuant to Section 312.8. No affected party shall be deemed to have waived any requirement of any statutory provision referenced herein unless such waiver is made by written instrument expressly stating such party's intent to waive such provision.

E.

Existing Schools. With respect to the expansion of any proposed educational facility, the County shall adhere to the requirements of F.S. § 1013.33. Existing educational facilities shall be considered consistent with the comprehensive plan. When the need for closure of an education facility is identified, the School Board's superintendent shall notify the County in writing and shall give due consideration to any concerns and alternatives set forth by the County. Any expansion of an existing educational facility shall only be subject to the informational requirements, procedures, timeframes, and review process requirements of this section, and only if the proposed expansion constitutes a major renovation or construction in that the expansion:

1.

Increases school permanent FISH capacity by more than ten (10) percent;

2.

Provides for a change to the primary use of the educational facility (with respect to change in type of school from elementary, middle or high school to a different type of school); or

3.

Provides for the construction of a stadium.

4.

Review of any such expansion shall be limited to those aspects of the educational facility affected by the expansion.

F.

Compliance with Decision. As required pursuant to the Interlocal Agreement, the School Board shall not act in a manner that is contrary to the County's decision regarding a determination of consistency. In the event the School Board does not agree with the County's decision, the School Board may initiate dispute resolution procedures in accordance with the Interlocal Agreement.

352.4.   Standards and Criteria.

All determinations of consistency shall be subject to the following standards and criteria:

A.

Zoning Districts. Public educational facilities shall be allowable uses in all zoning districts, except heavy manufacturing and conservation zoning districts subject to compliance with applicable development standards set forth in this section. Public Educational Facilities may be allowed in heavy manufacturing and conservation zoning districts at the discretion of the County.

B.

Criteria for Approval. The Board shall review for consistency with the comprehensive plan in regard to impacts on natural resources, surrounding land uses and public facilities. If the request is determined to be consistent with the County's comprehensive plan land use policies and categories in which public school facilities are allowable uses, and with this section, then the County shall not deny the request for determination of consistency but shall issue a determination of consistency. The issues to be considered by the Board in deciding whether to grant a determination of consistency request shall be limited to those specified in F.S. § 1013.33.

C.

Conditions of Approval. With respect to each proposed educational facility, the Board may place reasonable development standards and conditions upon the approval of a determination of consistency relating to environmental concerns, health, safety and welfare, and effects on surrounding property. Any condition requiring off-site improvements by the School Board shall be subject to the limitations established by F.S. § 1013.51.

352.5.   On-Site and Off-Site Improvements.

In conjunction with a determination of consistency, the School Board and the County shall determine the need for and timing of on-site and off-site improvements necessary to support a proposed educational facility construction or renovation and the needs and/or opportunities for construction of additional area improvements on a cooperative basis. Any improvements by the School Board required or agreed to in order to fulfill the requirements of this section shall be subject to the limitations established by F.S. § 1013.51. A written agreement between the School Board and the County may be entered into concerning the timing, location, and the party or parties responsible for constructing, operating and maintaining such improvements.

352.6.   Effect of Determination of Consistency.

Issuance of a determination of consistency by the County for an educational facility shall satisfy the requirements for development approval for the education facility, including without limitation:

A.

All development approvals required pursuant to this Code and the comprehensive plan; and

B.

All development approvals required from the County pursuant to F.S. § 1013.33.

Accordingly, upon issuance of a determination of consistency by the County, the School Board shall not be required to seek any additional approvals from the County for development of the subject educational facility, so long as it is developed in accordance with the determination of consistency and any conditions imposed thereunder pursuant to this section.